Montco Man Asks To Retract Plea In Sex Case

May 29, 1993|by LESLIE KLEIN FUNK, The Morning Call

A New Hanover Township man who wants to withdraw his no contest plea to sexual assault charges involving six boys told a Montgomery County judge yesterday that fear and a concern about finances and embarrassment led him in March to make the plea.

As members of the boys' families looked and held back tears, Krier asked the judge to let him withdraw his plea and go to trial.

"I was afraid of the mandatory sentences you were talking about," Krier said under questioning by Assistant District Attorney Thomas C. Egan III.

In return for the plea, the prosecution would have waived the mandatory minimum sentences he faced for the charges of involuntary deviate sexual intercourse.

But the prosecution still intended to seek a long term in state prison for Krier.

In a written petition, Krier said he was motivated to plead no contest by "fear combined with pragmatism."

Krier, 38, of 2734 Gail Drive said in court he had believed the financial cost of going through a trial was "quite staggering." And he had wanted to avoid the embarrassment.

But "I've been pretty well embarrassed by what's been in the papers already," he said.

Smyth said he would rule Tuesday or Wednesday on whether to let Krier withdraw his plea.

"I realize it's been an emotional roller coaster for all the parties," but he wants to take the extra time to consider the petition because of the seriousness of the case, he said.

Krier served notice Wednesday that he wanted to withdraw his plea, minutes before he was to be sentenced. Smyth ordered Krier's attorney to file a formal petition and scheduled a hearing on the issue for yesterday.

In March, Krier pleaded no contest to four charges of involuntary deviate sexual intercourse and one charge each of attempted involuntary deviate sexual intercourse and attempted indecent assault.

Other charges, including rape, corrupting the morals of a minor, sexual abuse of children, indecent exposure, recklessly endangering another person and endangering the welfare of children, were expected to be dropped at sentencing.

In pleading no contest, Krier was not admitting guilt but was acknowledging he had no defense, that the evidence was strong enough to convict him.

If the plea can be withdrawn, Krier will go to trial on all the charges.

If convicted, he would face a mandatory minimum sentence of five years on each charge of rape and involuntary deviate sexual intercourse.

Egan opposed Krier's request to withdraw his plea.

Smyth said the courts "have been quite liberal" in allowing pleas to be withdrawn if a defendant claims innocence. But Egan said after the hearing that appellate courts have recently been more restrictive.

Numerous precautions are taken when defendants plead guilty, such as going over every penalty they could face and advising them of all their constitutional rights, he said.

Appellate courts have been concerned some defendants are trying to "manipulate the system" by pleading and then withdrawing the plea, he said. During the delay, some witnesses may disappear or the case may become more difficult to prosecute.

In this case, though, all six boys will be up to testifying should Smyth grant Krier a trial, Egan said.

The boys ranged in age from 6 years to 14 years at the time of the alleged crimes and were from West Conshohocken and New Hanover.

Last summer, they told police Krier had his basement fixed up like a small town with Matchbox cars with which the boys could play.

He also had video games, and police said an area was furnished like a Star Trek scene, with space decorations, an old computer and a grouping of chairs like the bridge of the Starship Enterprise.

Krier was a lifelong friend of the mother of three of the boys, who stayed with him on weekends.

The boys told police Krier engaged in oral sex with them nearly every time they visited him. He allegedly threatened to kill the 7-year-old if he told anyone, Egan has said.

Krier also is charged with having oral sex with a 6-year-old boy almost every time he visited, with trying unsuccessfully to get another 7-year-old to perform oral sex and with making sexual advances toward a 14-year-old.